March 8, 2010

Road accidents in New York City – Double Parking and responsibilities

Ask someone a few things that are associated with Manhattan, names, and probably a variety of answers: tall buildings, traffic jams, playing horns, and certainly double parking. But after a recent decision of the Court can not think New Yorkers double double parking the car to pick up passengers or make a brief stop in a supermarket.

In January 2008, a decision of the First Chamber of the Supreme Court of New York, the court ruled that a truck had written twice,beaten on his back, while the passenger was hospitalized in March 2004, he was responsible for damage to passengers, even if the driver of the car hit the truck fell asleep at the wheel. The reasoning behind the decision, which was the case against Diaz Blanco is that the double-parking impedes traffic flow and the pilot must logically assume that he is a danger for the inattentive or distracted drivers to park on double lines. The judges argued that it was likely that when the driver of the truck was properly parked, the passenger does not interfere.

The verdict in this case, a legal Pandora's box, because it raises the question as regards the immediate cause of accountability. Proximate cause is defined as the event as the cause of an accident. Usually, in case of rear impact, neglect or negligence of the driver who hit back as the immediate cause of> Prejudice. Although the immediate cause is usually done by a jury, if the answer is certainly not clear if one considers the logic of the decision in the case against Diaz Blanco, the responsibility of the pad with a double parked car, the driver subsequently added to the vehicle be taken.

As New Yorkers, beware. While double parking can be more than the bustle of Manhattan is two times before being tempted. If so, you could find yourself with a costmuch more than a parking ticket.